Weathers v. Hagemeister-May et al

Filing 27

ORDER Denying 26 Motion for Certificate of Appealability, signed by Magistrate Judge Michael J. Seng on 12/18/15. (Verduzco, M)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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WINONA WEATHERS,

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CASE NO. 1:13-cv-01932-AWI-MJS (PC)

Plaintiff,

ORDER DENYING MOTION FOR
CERTIFICATE OF APPEALABILITY

v.
M. HAGEMEISTER MAY, et al.

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(ECF No. 26)

Defendants.

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Plaintiff is a state prisoner proceeding pro se and in forma pauperis in this civil

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rights action brought pursuant to 42 U.S.C. § 1983. Her first amended complaint was

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dismissed for failure to state a claim, and the action was closed. (ECF Nos. 24, 25.)

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Before the Court is Plaintiff’s December 16, 2015 motion for a certificate of appealability.

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(ECF No. 26.)

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The requirement for the issuance of a certificate of appealability arises under 28
U.S.C. § 2253, which provides:
(c)(1) Unless a circuit justice or judge issues a certificate of appealability,
an appeal may not be taken to the court of appeals from—
(A)

the final order in a habeas corpus proceeding in which the

detention complained of arises out of process issued by a State court; or

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(B)

the final order in a proceeding under section 2255.

28 U.S.C. § 2253.
Section 2253 applies only to petitions for writ of habeas corpus. It does not apply
to civil rights actions, such as the instant action, brought pursuant to 42 U.S.C. § 1983.
Accordingly, Plaintiff's request for a certificate of appealability is HEREBY
DENIED.

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IT IS SO ORDERED.
Dated:

December 18, 2015

/s/

Michael J. Seng

UNITED STATES MAGISTRATE JUDGE

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